Hurst v. Hantke

Dist. Ct. did not err in granting defendants-prison officials' motion for summary judgment in plaintiff-prisoner's section 1983 action alleging that prison's medical staff had been deliberately indifferent to plaintiff's need for medical care for his stroke, where Dist. Ct. found that defendant had failed to exhaust his internal prison remedies. While Dist. Ct. erred in finding that plaintiff was required to attach evidence to his complaint to support his claim that his physical incapacitation prevented him from filing timely internal prison grievance, dismissal of instant complaint was still proper where plaintiff failed to present any evidence in response to instant summary judgment motion to support his claim that he had exhausted available administrative remedies by filing prison grievance as soon as it was reasonably possible to do so.